Court of Appeal

Published April 4, 2008

Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others

Judges should be cautious before making a committal order against a judgment debtor who was prevented from attending an oral examination as to his means by the order of a court in a foreign jurisdiction.

The Court of Appeal (Lord Justice Tuckey, Lord Justice Rix and Sir Robin Auld) so stated on March 11, 2008, when discharging an order made against the second defendant, Rajesh Kishor Mehta, by Mr Justice Bean on January 31, 2008, committing him to prison for 28 days for his failure to attend for oral examination on the application of the claimant, Islamic Investment Co of the Gulf (Bahama) Ltd.

LORD JUSTICE RIX said that the judge was not entitled to make the order that he did in a ten-minutes hearing. He should have given a considerable thought when informed by an Indian solicitor there of an Indian court order preventing Mr Mehta from leaving India to appear in London for examination as to his means as a judgment debtor.

Each previous appointment had been adjourned for reasons good to the court as he had been held in Belgium and then detained in India.

Rule 71.8(2) of the Civil Procedure Rules with the word “may” gave the judge discretion whether to make the order sought.

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